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Ship Arrest as a Conservatory Measure in Cameroon
Feh Henry Baaboh, Esq.
Law Firm in Douala: Henry, Samuelson & Co.
Provided by Henry, Samuelson & Co.
The law governing ship arrest in Cameroon is the Merchant Marine Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the arrest of ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships.
This code is a regional legislation applicable to the CEMAC sub-region comprising Cameroon, Central African Republic, Congo, Gabon, Equatorial Guinea and Tchad, with executive secretariat in Bangui.
1) Governing Law: The law governing ship arrest in Cameroon is the Merchant Marine Community code of 03/08/2001 (the code). The code was inspired chiefly by the International Convention of 1999 on the Arrest of Ships and the Brussels Convention of 1952 on the Unification of Certain Rules on the Arrest of Ships.
This code is a regional legislation applicable to the CEMAC (Communauté Economique et Monétaire de l’Afrique Centrale) sub-region comprising Cameroon, Central African Republic, Congo, Gabon, Equatorial Guinea and Tchad, with executive secretariat in Bangui.
2) Definitions: Ship arrest as a conservatory measure is arrest for security pending a substantive matter or the procurement of the executory formulae. It is the temporary immobilization of a ship by a claimant (presumed creditor) following a court order to that effect.
There is also ship arrest as an executory measure on the strength of a final judgment bearing an executory formulae (or decree absolute). Continue reading
Yossy Ayuni 